Paul Higgins secures s.57 dismissal of one dishonest claim and an immediate 10-month prison sentence in respect of another in a single week
15th May 2026
On 7 May 2026 Josh Allen was handed a 10-month immediate prison sentence by HHJ Mark Gargan sitting in the High Court at Leeds. Mr. Allen had launched a high-value claim after being injured whilst riding his bicycle. Admiral obtained surveillance footage showing him pulling wheelies on his bicycle just 6 months post-accident. He was confronted with the footage but denied that he was the cyclist. Mr. Allen then served witness statements from two men indicating that the cyclist was one of them. After Mr. Allen failed to pay the trial fee his claim was struck out. HHJ Mark Gargan granted permission for Admiral to bring committal proceedings and subsequently found beyond reasonable doubt that Mr. Allen was the cyclist and was in contempt of court on various grounds including the service of the two false witness statements. It was this particular species of dishonesty – prevailing on others to give false evidence – that the Judge felt was a seriously aggravating factor. Despite some powerful personal mitigation, Mr. Allen was handed a 10-month immediate prison sentence. Paul was instructed by Alex Wilkinson and Victoria Wilson of HF Limited and EUI Limited trading as Admiral Insurance.
A link to HF’s press release is provided here.
Mohammed Hanif launched a high-value claim for damages alleging that he had sustained life-changing injuries in a road traffic accident in Spain. He had been to a nightclub with his friend in Barcelona until 4 am before they set off home. His friend had taken cocaine and drove into an oncoming vehicle, causing fractures to Mr. Hanif’s left ankle and right wrist and a mild TBI. Mr. Hanif’s case was that in consequence he had been severely disabled – barely able to walk and unable to drive. He obtained medico-legal evidence in five specialisms to support his case. However, surveillance evidence showed him walking on a shopping trip that lasted 45 minutes without using any aids and driving repeatedly. It also showed him attending medical and medico-legal appointments in a wheelchair, which he was later seen dropping off at his elderly mother’s house on his way home. Footage also showed him departing one assessment in a wheelchair and being helped into the passenger seat of a car before swapping seats with the driver once he had been driven out of the immediate vicinity. The claim was pleaded at ‘up to £400,000.00’ but would probably have been valued at c. £750,00.00 had Mr. Hanif’s presentation been genuine. On 13 May 2026 HHJ Hanbury dismissed the claim under s.57 CJCA at Sheffield County Court after hearing expert evidence in five disciplines. The Judge held that the genuine value of the claim was just £55,000.00. Mr. Hanif was ordered to pay WICE’s costs on the indemnity basis, with £150,000.00 payable immediately, and to repay interim payments of £35,000.00 plus interest. Paul was instructed by Alex Wilkinson, Claire Fox and Philip Melia of HF Limited and Watford Insurance Company (Europe) Limited.
